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Administrative Memorandum 10-4 | April 2010

  • 2010 Legislative Session
  • Special Projects & Events
  • Administrative Office of the Courts & Probation
  • Human Resources
  • People
  • Committees · Commissions
  • Rule, Form & Policy Changes
  • Calendar Items
  • Miscellaneous
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    2010 Legislative Session

      Chief Justice Heavican’s Memorandum
      On April 19, 2010, the Chief Justice sent all employees a memorandum pertaining to the Legislature’s action regarding the budget of the Judicial Branch.  To read the full memorandum, click here.

      New Legislation Education
      Education on this year’s legislative changes will be provided via Webinar through the Judicial Branch Education Office at noon on the following days:
      ·         May 20: Court Staff presented by Sheryl Connolly, Trial Court Services
      ·         June 21: District Court Judges presented by Judge Bob Steinke
      ·         June 28: County Court Judges presented by Judge Steve Timm

      Links to the sessions will be emailed prior to the sessions.  Call Alicia Guerra, 402-471-3137, with questions regarding the set-up process.

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    SPECIAL PROJECTS & EVENTS


      Supreme Court Guardian/Conservator Taskforce Appointed
      Chief Justice Mike Heavican, in conjunction with Senator Brad Ashford, Chair of the Unicameral’s Judiciary Committee, and Mike Kinney, President of the Nebraska State Bar Association, has appointed members to serve on a taskforce to review the status of adult guardianships and conservatorships in Nebraska’s courts.  Click here to read full press release.

      May is National Drug Court Month
      In celebration of National Drug Court Month, Nebraska will ask the Governor to designate May as National Drug and Problem-Solving Court month in Nebraska.  A public proclamation ceremony will be used as the primary vehicle to showcase drug court efforts throughout the state. This year the ceremony will be held Wednesday morning, May 12, 2010, in the Werner Chamber of the State Capitol. The public is welcome to attend; proclamation presentations begin at 10:00 a.m.

      Contact Scott Carlson, Statewide Coordinator of Problem-Solving Courts, 402-471-4415, scott.carlson@nebraska.gov.

      Open House for Court Kiosk in Franklin County
      Franklin County court hosted local officials and bar members on April 26 and 27, 2010, for a demonstration of the types of technology being used by the court to increase access to services.  Technology demonstrated utilized the new Kiosk, built by the AOC IT department, where Judge Offner demonstrated video chat, the JUSTICE system, and the Judicial Branch Web site.  To view photos of the event, click here.

      Contact Sheryl Connolly, Trial Court Services Director, 402-471-2671, sheryl.connolly@nebraska.gov.

      Nominations Being Accepted for the Chief Justice's Annual Judicial Awards
      September 10, 2010, is the deadline to nominate the judge of your choice for “Distinguished Judge for Improvement of the Judicial System” award or “Distinguished Judge for Service to the Community” award. Nomination forms on-line:

      http://supremecourt.ne.gov/community/awards/distinguished-judge/index.shtml

      The Chief Justice’s Distinguished Judges for 2009; Judge Michael Offner, Distinguished Judge for Improvement of the Judicial System, and Judge Robert C. Wester, Distinguished Judge for Service to the Community, have been added to the Distinguished Judge page on the Judicial Branch Web site under:  http://supremecourt.ne.gov/community/awards/distinguished-judge/winner-summary.shtml

      Contact Janet Bancroft, Public Information Officer, 402-471-3205, janet.bancroft@nebraska.gov

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    ADMINISTRATIVE OFFICE OF THE COURTS & PROBATION


      Judicial Branch Education
      The Office of Judicial Branch Education (JBE) has completed building 37 new online courses which will be open for registration soon. 

      Six clerks have already completed the online Case Management course which has been available for two months. 

      Training on use of JBE’s updated online learning management system has begun throughout the Judicial Branch.   All webinars and online courses can be accessed through the new learning management system by clicking here. For convenience, please save it as a favorite.  The link will soon be added to the JBE Web site.

      Contact Carole McMahon-Boies, Director, JBE, 402-471-3072, carole.mcmahon-boies@nebraska.gov.

      Contact Alicia Guerra, Administrative Assistant, 402-471-3137, alicia.guerra@nebraska.gov.

      Mediation
      LB 901 Adopted - Impacts Trial Court Rules
      LB 901 was signed into law on April 7, 2010, with an emergency clause. It authorizes trial cout judges to waive mandatory referral to parenting mediation in disputed custody and parenting matters after an evidentiary hearing. This amendment will impact local court rules on the Parenting Act, which are to be adopted by July 1, 2010. LB 901 also reinstates former best interests of the child standards in the  Parenting Act.

      NOTE: Proposed Amendments to local trial court rules on the Parenting Act should be submitted to the Supreme Court for approval by June 1.

      New Mediation Association Elects Board
      Over 150 statewide members of the new Nebraska Mediation Association (NMA) elected the initial 11-member board of directors at its inaugural event, Friday, April 23. Held at Happy Hollow Golf Club in Omaha, keynote speaker Professor Arthur Pearlstein, Director of Creighton Law School's Werner Institute of Negotiation and Dispute Resolution, addressed the audience on the topic: "Mediation: A Profession or a Social Movement?". NMA offers mediator education, networking, standards of practice, and mediation resources for public, corporate, and governmental needs. The members of the new 11-member nonprofit board are:

      James Gordon, Lincoln; Grant Story, Omaha; Carol Dart, Kearney; Judy Pingel, Beatrice; David Hubbard, Omaha; Lynne Favinger, Kearney; Jane Martin-Hoffman, Fremont; Cindy Tierney, Omaha; Bryan Hanson, Omaha; Patricia Kelley, Omaha; and Michael Mullin, Omaha.

      Contact Debora Brownyard, Director, Office of Dispute Resolution, 402-471-2766, debora.brownyard@nebraska.gov.

      Interpreter Testing Completed, Evaluation Underway
      The Nebraska Supreme Court Interpreter program has completed testing of 17 court interpreter candidates.  Interpreters were tested in Spanish, French, Russian, and Vietnamese. Test results are anticipated to take approximately six weeks and announcements of new certified and registered interpreters will be released at that time.

      Contact Sheryl Connolly, Trial Court Services Director, 402-471-2671, sheryl.connolly@nebraska.gov.

      Problem-Solving Court Graduation Ceremonies Held
      The following Problem-Solving Court programs held graduation ceremonies in the month of April:

      4/19/2010 District Six Adult Drug Court 2 graduates
      4/21/2010 Lancaster County Adult Drug Court 12 graduates
      4/26/2010    Douglas County Juvenile Drug Court    3 graduates
      4/26/2010 Scotts Bluff County DWI Court 1 graduate

      Congratulations to these programs and to the graduates who made the decisions to lead better lives for themselves, their families, and their communities.

      Contact Scott Carlson, Statewide Coordinator of Problem-Solving Courts, 402-471-4415, scott.carlson@nebraska.gov.

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    HUMAN RESOURCES


      Open Enrollment
      April 19, 2010 – May 14, 2010
      Open enrollment is underway for benefits for the period July 1, 2010 – June 30, 2011.  Open enrollment began on Monday, April 19, 2010, and will end on Friday, May 14, 2010, at 5:00 p.m. CT.

      All full-time employees must go into the Edge (NIS) system (edge.ne.gov) and either enroll or waive their choices for health, dental, vision, and flex spending.  Eligible part-time employees were mailed paper forms to complete; these must be returned by May 7, 2010.

      Anyone wishing to make changes to their current life or long-term disability benefits must request an application form from their HR contact person.  Current life and long-term disability benefits will remain as you currently have them unless you make a change.

      For answers to questions you may have, The Enrollment Guide and Open Enrollment Meeting Videos are available online at http://www.das.state.ne.us/personnel/benefits/index.html.

      If you have any questions, please contact your respective HR contact person:

      All Judges, Appellate Court Staff, Court Reporters:
      Kathy Moore, kathy.s.moore@nebraska.gov

      County Court Staff other than Judges:             
      Eileen Janssen, eileen.janssen@nebraska.gov

      All Probation Staff:                   
      Jacki Allensworth, jacki.allensworth@nebraska.gov
      Thelma Smith, thelma.smith@nebraska.gov

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    PEOPLE

      Memorial Service Held for Former Supreme Court Justice John T. Grant in Nebraska Supreme Court Chambers
      A memorial service was held Wednesday, April 28, 2010, in the Supreme Court Chambers of the State Capitol, Lincoln, Nebraska, for former Supreme Court Justice John T. Grant. Judge Grant, who served as a justice of the Nebraska Supreme Court from 1983 to 1993, was living in Omaha at the time of his death, January 26, 2010. 

      Former Chief Justice C. Thomas White, Omaha, served as chairman of the Memorial Service Committee for the late Justice Grant.  Among those paying tribute were former Supreme Court Chief Justice William C. Hastings; former Supreme Court Justice D. Nick Caporale; Former District Judge Ron Reagan, and J.P. Grant, son of Justice John Grant.     

      Click here to view the memorial on the Judicial Branch Web site.

      Court Memorial Dedicated to Judge W.W. Nuernberger
      Lancaster County Juvenile Court judges held a dedication ceremony for a memorial to Judge W.W. Nuernberger, April 2, 2010.  Family members, former and current court employees, attorneys and friends joined the judges to discuss the legacy of Judge Nuernberger.  For photos, click here.

      John Dougherty, Omaha, Given Public Service Award
      John Dougherty, Probate Division Manager for Douglas County Court, is slated to receive the Omaha Bar Association’s 2010 Public Service Award on May 4 at their annual Law Day luncheon.  To read full press release, click here.

      Former Lancaster County District Judge Dies
      Retired Lancaster County District Judge Donald Endacott passed away on April 26 at the age of 76. Endacott was a judge for 21 years before retiring in 2000.

      New Court Personnel
      Jody Bousquet, Records Clerk, Sarpy County Court, effective April 28, 2010.

      New Probation Personnel
      Karen Foster, Probation Officer, District #3A, Lincoln, effective May 3, 2010.

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    COMMITTEES · COMMISSIONS


      Supreme Court Personnel Board
      Beth Pullen, former alternate member of the Supreme Court Personnel Board, was appointed as a permanent member and Jan Haeker was appointed as an alternate member in her place. Both will serve 3-year terms.

      Click here to view the full committee.

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    RULE, FORM AND POLICY CHANGES


      Rule Amendments (made within the last 90 days):
      Neb. Ct. R. § 1-511 (Mandatory Continuing Judicial Education; Advisory Committee Provisions)
      (adopted April 14, 2010)

      Rules of the District Court of the Twelfth Judicial District
      (approved April 7, 2010)

      These changes are also incorporated into the full set of rules listed below the rule amendments section on the web page.  All rule changes/additions are available at: www.supremecourt.ne.gov/rules/index.shtml.

      Records Retention Schedule for County Courts
      County Court Records Retention Schedule (schedule number 18) amendments have been sent to courts for review and comment.  The amendments would allow courts to maintain certain court records in electronic rather than paper format.  Additional information will be provided on ways to insure that records are properly maintained prior to the destruction of paper copies. Responses are due by May 7, 2010.  

      Reviews are also underway of the District Court Schedule 8, Juvenile Court Schedule 80, and Probation Schedule 74.

      Contact Sheryl Connolly, Trial Court Services Director, 402-471-2671, sheryl.connolly@nebraska.gov.

      Poverty Guidelines/Child Support Guidelines
      The U.S. Department of Health and Human Services has extended the 2009 poverty guidelines (which are used to amend our child support guidelines) until at least May 31, 2010.  An explanation can be found on their Web site: http://aspe.hhs.gov/poverty/09extension.shtml

      The current guidelines will remain in effect until further notice. http://www.supremecourt.ne.gov/rules/pdf/Ch4Art2.pdf

      Judgment Interest Rate
      Effective April 15, 2010, the judgment interest rate is 2.244%.
      http://supremecourt.ne.gov/community/judgment-interest-rate.shtml

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    CALENDAR ITEMS

      May 1-8 Law Day, events to be celebrated nationally
      May 4

      Law Day Ceremony, Lincoln, Nebraska Supreme Court

      May 31 Memorial Day
      July 5 Independence Day
      September 6 Labor Day
      October 11 Columbus Day
      November 11 Veteran's Day
      November 25-26 Thanksgiving and Friday following
      December 24 Christmas
      Filing and Reporting Requirements
      • Statement for Payment of Interpreters: Interpreters to submit this between the 1st and 7th day of each month.
      • Judges’ Cases Under Advisement Reports: Due by the 5th day of each month (reports are compiled and submitted to the Supreme Court).
      • Court Reporter Timesheets: Due by the 5th day of each month (judges are to sign time sheets prior to submission).
      • Permanently Assigned Vehicle Logs: Due by the 5th day of each month.
      • Report of Probate Cases Pending: Due by the 10th day of each month.
      • County Court Time Sheets: Due by the 10th day of each month.
      • Stenographer Transcription Reports: Due by the 10th day of each month.
      • Expense Vouchers: Submit on a monthly basis (rather than combining several months of expenses on one voucher).

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    MISCELLANEOUS


      Judges Filing For Retention Use Online Application
      The Secretary of State’s Judicial Office Holder Retention Application form has been updated with 2010 dates.  Those judges filing for retention must do so by August 1, 2010.  Completed forms are to be returned directly to the Secretary of State where they are officially filed and will be uploaded to their Web site.
                     
      Secretary of State Fill-in Application: http://www.sos.ne.gov/elec/pdf/judicial%20filing.pdf

      Secretary of State - Elections Division
      Mailing Address: P.O. Box 94608, Lincoln, NE 68509-4608
      Location: State Capitol, Third Floor
      Send email to: Elections  (sos.elect@nebraska.gov)

      Link to the Secretary of State’s Web page 2010 Judicial Candidate List for retention in office’: http://www.sos.state.ne.us/elec/2010/pdf/judicial%20list.pdf
      (Listing of judges who have filed for retention election in 2010)

      Contact Janet Bancroft, Public Information Officer, 402-471-3205, janet.bancroft@nebraska.gov.

      Bar Poll Schedule
      Bar poll evaluations through the Nebraska State Bar Association were sent to over 5,000 practicing attorneys in Nebraska, Yankton, South Dakota, and in Sioux City and Council Bluffs, Iowa. The deadline for returning evaluations is May 14. Using a scale from 1-5, lawyers evaluate judges on characteristics such as legal analysis, judicial temperament, and efficiency in docket management.

      Attorneys will also have the opportunity to comment on specific judges. Comments received will be released to the judge(s) as a feedback tool. Evaluations are anonymous and will be tabulated by Objective Advantage, LLC. Survey results will be released in mid-July.

      Publication Ordering Available Online
      Court staff may order publications from the Administrative Office of the Courts and Probation (AOC/P) online at www.nebraska.gov/courts/ordering/order.cgi. The AOC/P’s most frequently ordered publications are available through the online order form. The selection includes jury brochures, small claims guides, parenting act booklets, the Citizen's Guide to Nebraska's Courts, judge’s adoption cards, and AOC court staff timecards.

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    Chief Justice Michael G. Heavican
    Janice K. Walker, State Court Administrator
    Ellen Fabian Brokofsky, State Probation Administrator


    This file last modified Friday November 18, 2011 11:13:41